Loading...
HomeMy WebLinkAbout1339RT HF 11 -3 -54 7 ORDINANCE NO. 1 AN ORDINANCE of the City of Port Angeles, Washington, providing for the acquisition, construction and installation of certain additions and improvements to and extensions of the electric power system of the city, declaring the estimated cost thereof, providing for the issuance of $250,000 of electric revenue bonds to provide funds therefor, providing the date, form, terms and maturities of said bonds, creating a Bond Redemption Fund for the payment of the principal and interest thereof and a Reserve Account, providing certain covenants and protective features safeguarding such payments, reserving the right in the city to issue additional revenue bonds on a parity with said bonds to be issued, and declaring an emergency. WHEREAS, the City of Port Angeles, Washington, now owns, maintains and operates its own electric power system which is in need of certain additions, improvements and extensions in order to furnish the city and its inhabitants with an adequate supply of electric enerzy for all purposes; and WHEREAS in order to provide the money necessary to acquire, construct and install said additions, improvements and extensions, it is deemed necessary that the city issue its electric revenue bonds in the principal sum of $250,000; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Port Angeles, Washington, as follows: 4 Section 1. The following described plan and system for the acquisition, construction and installation of additions and improve- ments to and extensions of the electric power system of the city is hereby specified and adopted, to wit: The city shall acquire a 7500 KVA substation transformer with 15,000 volt outdoir metal -clad switch gear attached and all associated metering and protective equipment, a four bay 69,000 volt galvanized steel substation structure equipped with six 69,000 volt disconnect switches, a 5,000 volt indoor metal -clad switch gear unit contain- ing six 1,200 amperes, 5,000 volt oil circuit breakers including all metering and associated equipment, and a 120 volt set of storage batteries and charging equipment, shall construct a cement block building for the housing of said 5,000 volt switch gear, storage batteries and charger on the site of the present city substation at 2nd and Valley Streets in Port Angeles, and the balance of said equipment shall be installed at said substation with all necessary conduit cables and appurtenances necessary to complete this installa- tion and connect it to the present city electric power system; shall acquire and install a 69,000 volt transmission line, with two 69,000 volt disconnect switches, from said 2nd and Valley substation to the existing substation at 2nd and Washington, and thence to the substa- tion of the Bonneville Power Authority located just outside the northeast city limits; shall acquire line material, transformers, meters, substation transformers, capacitors, and all other necessary equipment and appurtenances, and install the same throughout the system wherever found to be most necessary and desirable. The city shall acquire such property, both real and personal, easements, and rights -of -way as may be necessary to carry out said plan of improvements, which plan is all as more particularly set forth in maps, plans and reports prepared by officials of the city and now on file in the office of the City Clerk. It is hereby further provided that said plans shall be sub_ ject to such additions or changes as to details or other changes not affecting the main general plans as shall be authorized by the City Council_ 2. Section'2. The estimated cost of the acquisition, con- struction and installation of the above described plan of additions and improvements to and extensions of the electric power system of 0 the city is hereby declared to be, as near as may be, the sum of $250,000, which cost shall be paid out of the proceeds of the sale of the electric revenue bonds of the city hereinafter authorized. • Section 3. As an integral part of the plan for paying the cost of acquiring, constructing and installing the hereinbefore de- scribed additions and improvements to and extensions of its electric power system, the city shall issue and sell its electric revenue bonds in the principal sum of $250,000. Said bonds shall be dated December 1, 1954, shall be in denominations of $1,000 each, shall be numbered from 1 to 250 in- clusive, shall bear interest at a rate of not to exceed 6% per annum payable semiannually on the first days of June and December of each year, and shall mature in order of their number as follows: December 1, 1955 $50,000 December 1, 1956 50,000 December 1, 1957 50,000 December 1, 1958 50,000 December 1, 1959 50,000. Both principal and interest of said bonds shall be payable in lawful money of the United States of America at the office of the City Treasurer in Port Angeles, Washington, and shall be obligations only against the special Bond Redemption Fund created by this ordinance. Section 4. Said bonds shall be in substantially the fol- lowing form: 3- • • UNITED STATES OF AMERICA NO. $1,000 STATE OF WASHINGTON CITY OF PORT ANGELES ELECTRIC REVENUE BOND 1954 KNOW ALL MEN BY THESE PRESENTS: That the City of Port Angeles, a municipal corporation of the State of Washington, hereby acknowledges itself to owe and for value received promises to pay to bearer on the first day of December, 19, the principal sum of ONE THOUSAND DOLLARS together with interest thereon at the rate of a fi per annum payable semiannually on the first days of June and December of each year as evidenced by and upon presentation and surrender of the attached interest coupons as they severally become due. Both principal and interest are payable in lawful money of the United States of America at the office of the City Treasurer in Port Angeles, Washington, solely out of the special fund of the city known as "Port Angeles 1954 Electric Revenue Bond Redemption Fund" created by Ordinance No. of the city. This bond is one of an issue of electric revenue bonds of like amount, date and tenor in the aggregate principal sum of $250,000, which bonds are issued for the purpose of pro- viding funds to acquire, construct and install certain additions and improvements to and extensions of the electric power system of the city pursuant to the laws of the State of Washington and ordinances of the city regularly adopted, and is payable solely out of the revenue of such system. The City of Port Angeles hereby covenants and agrees with the holder of this bond that it will keep and perform all the covenants of this bond and of Ordinance No. to be by it kept and performed. The city does hereby pledge and bind itself to set aside from the money in the City Light Fund of the city, and to pay into said Bond Redemption Fund and the Reserve Account created therein by said Ordinance No. , the various amounts required by said ordinance to be paid into and maintained in said Fund and Account, all within the times provided in said ordinance. Said amounts so pledged are hereby declared to be a prier lien and charge upon the money in said Light Fund superior to all other charges of any kind or nature except the necessary cost of maintenance and operation of said system. 4. • M The city has further bound itself to maintain said system in good condition and repair, to operate the same in an efficient manner and at a reasonable cost, and to establish, maintain and collect rates and charges for electric energy that will provide revenue equal to at least 1.5 times the amount required each calendar year to pay the principal and interest due on the bonds of this issue and on any electric revenue bonds which later may be issued on a parity therewith after necessary costs of main- tenance and operation of said system have been paid but before depreciation. It is hereby certified and declared that said bonds are issued pursuant to and in strict compliance with the Constitution and laws of the State of Washington and ordinances of the City of Port Angeles, and that all acts, conditions and things required to be done precedent to and in the issuance of this bond have happened, been done and performed. IN WITNESS WHEREOF, the City of Port Angeles, Washington has caused this bond to be signed by its Mayor, attested by its Clerk, the corporate seal of the city to be impressed hereon, and the interest coupons attached hereto to be signed with the facsimile signatures of said officials this first day of December, 1954. CITY OF PORT ANGELES, WASHINGTON By Mayor ATTEST: City Clerk The interest coupons to be attached to said bonds shall be in substantially the following form: NO. On the first day of , 19_, the City of Port Angeles, Washington will pay to bearer at the office of the City Treasurer in Port Angeles the sum of DOLLARS in lawful money of the United States of America out of the special fund of the city known as "Port Angeles 1954 Electric Revenue Bond Redemption Fund ", said sum being the semiannual interest due that day on its electric revenue bond dated December 1, 1954 and numbered ATTEST: City Clerk 5. CITY OF PORT ANGELES, WASHINGTON By Mayor Section 5. Said bonds shall be signed on behalf of the city by its Mayor, shall be attested by its Clerk, and shall have IIthe corporate seal of the city impressed thereon. The interest coupons attached thereto shall be signed with the facsimile signatures of said officials. • Section 6. The city hereby obligates and binds itself to set aside and pay into the City Light Fund heretofore created, as collected, all of the gross earnings and revenue of the electric power system of the city and all additions and improvements thereto and extensions thereof. All costs of maintaining and operating said system, all payments required by this ordinance to be made into the Bond Redemption Fund and Reserve Account hereinafter created, and all payments which may be required by subsequent ordinances to be made into any bond redemption fund or reserve account created for the payment of the principal of and interest on any subsequently issued electric revenue bonds of the city shall be paid out of said Fund. Section 7. That there be and is hereby created a special fund of the city known as "Port Angeles 1954 Electric Revenue Bond Redemption Fund ", hereinafter called the "Bond Redemption Fund ", which Fund is to be drawn upon for the sole purpose of paying the principal of and interest on the bonds authorized herein as the same shall become due. The city hereby obligates and binds itself to set aside and pay into the Bond Redemption Fund out of the money in the City Light Fund the following fixed amounts necessary to pay the principal of and interest on all the outstanding bonds of the issue authorized herein as the same respectively become due and payable. 6. • M Said payments shall be made into the Bond Redemption Fund on or before the twentieth day of each month in the amounts herein- after specified: (a) Beginning with December, 1954, and continuing as long as any of the bonds authorized herein are outstanding and unpaid, an amount equal to at least one -sixth of the interest to become due and payable on the next interest payment date on all of such bonds then outstanding. (b) Beginning with December, 1954, and continuing as long as any of the bonds authorized herein are outstanding and unpaid, an amount equal to at least one - twelfth of the principal of said bonds to become due and payable on the next principal payment date. When there is sufficient money in the Bond Redemption Fund and Reserve Account hereinafter created to pay the principal and in- terest to maturity of all the outstanding bonds of this issue, then no further payments need be made into the Bond Redemption Fund. Said amounts so pledged to be paid into the Bond Redemption Fund and the Reserve Account hereinafter created are hereby declared to be a prior lien and charge upon the money in said City Light Fund superior to all other charges of any kind or nature except the nec- essary cost of maintenance and operation of said electric power system. Section 8. A Reserve Account is hereby created in the Bond Redemption Fund, and the city hereby agrees that it will net aside and pay into said Reserve Account on or before December 1, 1956, out of the money in the City Light Fund and out of any other money which the city may now or later have on hand and available for such purpose, the sum of $60,000, 30,000 of which shall be so paid on or before December 1, 1955. 7 The city further agrees, when said sum has been paid into said Reserve Account, that it will at all times maintain that amount therein until there is a sufficient amount in the Bond Redemption Fund and Reserve Account to pay the principal and interest to maturity of all the outstanding bonds of the issue authorized herein. In the event there shall be a deficiency in the Bond Redemption Fund to meet maturing installments of either principal of or interest on the bonds authorized herein, such deficiency shall be made up from the Reserve Account by the withdrawal of cash there- from. Any deficiency created in the Reserve Account by reason of any such withdrawal shall then be made up from money in the City Light Fund first available after making necessary provision for the required payments into the Bond Redemption Fund. All money in the Reserve Account above provided for may be kept in cash or may be deposited in such bank or banks or invested as permitted by law. Interest earned on any such investment shall be deposited in and become a part of the Bond Redemption Fund. Section 9. The corporate authorities of the city hereby declare, in fixing the amounts to be paid into the Bond Redemption Fund and Reserve Account as provided herein, that they have exercised due regard to the cost of maintenance and operation of said electric power system, and have not obligated the city to set aside and pay into such Fund and Account a greater amount of the revenue of said IIP system than in their judgment will be available over and above such cost of maintenance and operation. Section 10. The City of Port Angeles hereby covenants with the owner and holder of each of the bonds authorized herein as follows: 8. • (a) That it will establish, maintain and collect rates and charges for electric energy for as long as any of the bonds au- thorized herein and any revenue bonds which may be later issued on a parity therewith are outstanding that will make available for the payment of the principal of and interest on all of such bonds as the same shall become due an amount equal to at least 1.5 times the amount required each calendar year to pay such principal and interest. The amount "available for the payment of the principal of and interest on all of such bonds as the same shall become due" is hereby defined as the "gross revenue of the electric power system of the city and all additions and improvements thereto and extensions thereof, less expenses of maintenance and operation of such system but before de- preciation." (b) That it will at all times keep and maintain said electric power system and all additions and improvements thereto and extensions thereof in good repair, working order and condition, and will at all times operate said system and the business in connec- tion therewith in an efficient manner and at a reasonable cost. (c) That it will not sell or otherwise dispose of any of the properties of such system, unless the same are no longer used, necessary or useful in the operation thereof, unless provision is made for payment into the Bond Redemption Fund of a sum sufficient to pay the principal of and interest on all the outstanding bonds authorized herein in accordance with the terms thereof. Section 11. That it will not create any special fund or funds for the payment of any other electric revenue bonds that will rank on a parity with or have any priority over the payments out of 9• • the City Light Fund into the Bond Redemption Fund and Reserve Account created herein except that the city reserves the right, for (a) the purpose of acquiring, constructing and installing additions and improvements to and extensions of, acquiring necessary equipment for, or making necessary replacements of or repairs to equipment or capital improvements to the electric power system, or (b) the purpose of refunding or purchasing and retiring prior to their maturity any outstanding electric revenue bonds of the city, to issue additional or refunding revenue bonds therefor and to create a special fund for the payment of the principal thereof and interest thereon into which fund payments may be made from the City Light Fund sufficient to pay the principal of and interest on such additional or refunding bonds and to provide adequate reserves therefor, which such payments may rank equally with the payments from the City Light Fund into the Bond Redemption Fund and Reserve Account created herein upon compliance with the following conditions: First, that at the time of the issuance of such additional or refunding bonds there is no deficiency in the Bond Redemption Fund and Reserve Account created herein or in any bond redemption fund or reserve account which may have been created for the pay- ment of the principal of and interest on any revenue bonds issued on a parity with the bonds authorized herein and prior to the issuance of such additional or refunding revenue bonds. Second, that the ordinance providing for the issuance of such additional or refunding bonds and providing for the payment of the principal thereof and interest thereon out of a bond redemption fund shall create a reserve account in such bond 10. • • redemption fund for the purpose of making up any deficiency therein, and such ordinance shall further provide for the pay- ment into such reserve account within five years from the date of the issuance of such additional or refunding bonds of a sum at least equal to the average annual amount required for debt service on such additional or refunding revenue bonds. Third, that at the time of the issuance of such additional or refunding revenue bonds the city shall have on file a certi- fied audit from a certified public accountant showing that the net income of the electric power system for a period of any twelve consecutive months out of the fifteen months immediately preceding the month of delivery of such additional or refunding revenue bonds shall have been at least 1.5 times the debt service required each calendar year thereafter for the out- standing bonds of this issue for any revenue bonds which may have been issued on a parity therewith and for such additional or refunding revenue bonds. The words net income" as used in subparagraph Third immediately above shall be construed as the gross revenue of the electric power system of the city, including all additions and improvements thereto and extensions thereof, less reasonable expenses of maintenance and operation of such system but before depreciation. or Ti h, in the event that the certified audit required in subparagraph Third immediately above may not be obtained, such additional or refunding revenue bonds may still be issued on a parity with these bonds and any other outstanding parity bonds if at the time of the issuance of such additional or refunding 11. • revenue bonds the city shall have on file a certificate•f rom an independent licensed professional engineer or engineering firm not then employed by the city except for the purpose of giving such certificate, showing that in his or its profes- sional opinion the net income of the electric power system for each future calendar year will equal at least 1.5 times the amount required each such calendar year for debt service on the outstanding bonds of this issue, on any revenue bonds which may have been issued on a parity therewith, and on such additional or refunding revenue bonds. The words net income" as used in subparagraph Fourth immediately above shall be construed as the gross revenue of the electric power system, including all additions and improve- ments thereto and extensions thereof to be constructed or in- stalled out of the proceeds of the sale of such additional revenue bonds, less reasonable expenses of maintenance and operation of such system but before depreciation, and such "net income" may include any increase in revenues to be derived by an increase in rates authorized by the Council up to the time of delivery of such additional or refunding revenue bonds. Nothing herein contained shall prevent the city from issuing any electric revenue bonds or warrants which are a charge upon the money in the City Light Fund junior or inferior to the payments re- quired to be made into the Bond Redemption Fund and Reserve Account created herein or any bond redemption fund or reserve account created for the payment of the principal of and interest on any revenue bonds which may be issued on a parity with these bonds. 12. Section 12. The bonds authorized herein shall be offered for public sale in such manner as deemed advisable by the City Council. The money derived from such sale -- exclusive of any accrued interest, which shall be paid into the Bond Redemption Fund -- -shall be deposited in and credited to the City Light Fund, which Fund shall be reimbursed out of such proceeds of sale for the moneys heretofore spent for the acquisition, construction and installation of the additions and improvements to and extensions of the electric power system of the city authorized herein. The balance of such proceeds of sale shall be credited to the Capital Account of the electric power system in the City Light Fund, and shall be used solely in payment of the costs of such additions, improvements and extensions. Upon the sale of these bonds, the proper city officials are hereby authorized and directed to do everything necessary for the prompt execution, issuance and delivery thereof and the proper use and application of said proceeds of sale. Section 13. This ordinance is declared to be one necessary for the immediate preservation of the public peace, property, health and safety of the people of the City of Port Angeles, Washington. An emergency is hereby declared to exist, and this ordinance is hereby declared to be in full force and effect from and after its passage, approval and publication as provided by law. PASSED by the Council of the City of Port Angeles at a regular meeting thereof held this 4th day of November, 1954, and ^N.4 approved:byy the4ayora .- such date. — CITY OF PG /NGELE', WASHINGTON ATTEST: T- '. -. By .J ,ddi. J.� :141.4N s, Acting Mayor AS _ 0 0,. . City Clerk Of P "STON, THOR " MSON & HOROWITZ Special Counsel for the City 'Pk 10 sk J lyoV. 6, S, /r517f. 1